TERMS OF USEWelcome to the Fulton Seafood Market, LLC website. The following Terms of Use, as may be amended from time to time, govern your access to and use of Fulton Seafood Market, LLC website including any content, functionality, products or services offered on or in connection therewith.

Please read these Terms of Use and Incorporated Notices carefully and in their entirety before accessing or continuing to use Fulton Seafood Market, LLC’s Website, Products or Services. BY ACCESSING AND CONTINUING TO USE FULTON SEAFOOD MARKET, LLC’S WEBSITE, PRODUCTS OR SERVICES YOU AGREE TO BE BOUND BY THESE TERMS OF USE (AS MAY BE MODIFIED FROM TIME TO TIME) AND ALL INCORPORATED NOTICES AS SET FORTH BELOW.

TERMS OF USE
1. AGREEMENT These terms of use (“Terms of Use”) and incorporated policies and notices are a binding agreement between Fulton Seafood Market, LLC, its subsidiaries, affiliates, divisions, agents, employees, and/or representatives (collectively “Fulton Seafood Market, LLC”, (“Company”, “Us” “Our” or “We” ) and You (“Your”) as a “User” governing Your access and use of Our website located at https://Tinbuilding.com or public Wi-Fi service which may be available while visiting The Tin Building, (“Wi-Fi Service”), and any related website, webpage, widget, interactive feature, blog, social network, social network tabs or other online, mobile or wireless offerings that post a link to these Terms of Use no matter how they are accessed, (all collectively referred to as “Website”), and any “Services” or “Products” that are marketed, sold or distributed on, by or through the Website. You may access the Incorporated Notices directly by clicking on the following links:

Copyright and Intellectual Property Notice Accessibility Statement Privacy Notice Wi-Fi Policy End User License Agreement

2. ACCEPTANCE OF TERMS OF USE

By visiting, using, downloading, browsing, posting, offering content, accessing, registering with or signing in to the Website, making a purchase on or through the Website, receiving any Product or Service on or though the Website, or “clicking” the accept/agree button, You accept and agree to be bound by, without limitations or qualifications, to these Terms of Use and Incorporated Notices.

__Please read All terms that apply to You before proceeding to access and use the Website or any Product or Services. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE OR INCORPORATED NOTICES, PLEASE DO NOT VISIT THE WEBSITE OR PURCHASE OR USE ANY PRODUCTS OR SERVICES THROUGH THE WEBSITE.

3. CHANGES TO TERMS OF USE The Terms of Use or any Incorporated Notice may be updated at any time by Fulton Seafood Market, LLC by posting the modified terms on Our Website. You can view the most recent version of The Terms of Use or Incorporated Notices at any time at https://Tinbuilding.com Fulton Seafood Market, LLC shall provide notice to Users by posting the changes on the Website thirty (30) days prior to the change becoming effective. Such changes are effective, and You agree to be bound by such changes, by visiting, using, downloading, browsing, posting, offering content, accessing, registering for, making a purchase through the Website, receiving any Product or Service on or though the Website, or “clicking” the accept/agree button, or thirty (30) days from the date that the changes are posted to the Website, whichever is earliest. We recommend that You regularly check the Terms of Use, including the Incorporated Notices, when visiting the Website or accessing Services or Products, as they may have changed since You last did so.

4. FULTON SEAFOOD MARKET, LLC’S WEBSITE, SERVICES AND PRODUCTS

The Website is owned and operated by Fulton Seafood Market, LLC, a Delaware limited liability company, headquartered in New York, NY. Fulton Seafood Market, LLC operates the “Tin Building”, a culinary marketplace and dining destination located in New York’s City’s historic South Street Seaport. The Website provides Users with access to information about the Tin Building, its market and restaurants, its upcoming events, as well information that may be of general interest to Users, such as may concern culinary resources, dining options, the community and the Seaport.

Portions of the Website are generally publicly available and may be accessed by You or any Internet user. There are other sections of the Website that offer additional functionality and services, such as sections that offer You the opportunity to purchase Products or Services, store Your preferences and purchase history for easy reordering, make reservations or enroll in classes, receive Our newsletters or special offers or that may invite You to post comments or interact with other Users. These sections, services and functions may only be available to You when You create a “Member Account” after You register with Fulton Seafood Market, LLC, by providing requested information, and then log in using Your Email and a unique password that You create for that purpose. For further information see Paragraph 15 below.

As a courtesy while visiting the Tin Building, guests may have the opportunity to log in and use public Wi-Fi Service. Your use of the Wi-Fi Service will be governed by these Terms of Use and Incorporated Notice.

5. PRODUCTS AND SERVICES OFFERED THROUGH THE WEBSITE

Our Products or Services may be available exclusively online . These Products or Services may have limited quantities and are subject to return or exchange only according to Our Return Policy. We have made every effort to display Our Products and Services as accurately as possible. Packaging may vary. We cannot guarantee that Products that Your Purchase will appear the same as they appear on the Website. We reserve the right, but are not obligated, to limit the sales of Our Products or Services to any person, geographic region, or jurisdiction. We reserve the right to refuse to sell Our Products or Services at our sole discretion. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services. Any offer for any Product or Service made on this Website is void where prohibited.

We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by You will meet Your expectations, or that any errors in the Service will be corrected. Please see Disclaimers and Limitation of Liability below for more information.

6. MODIFICATIONS TO PRODUCTS, SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time, at our sole discretion, to modify or discontinue any Product, Service, sale, promotional offer, or any part thereof, without notice at any time. We shall not be liable to You or to any third-party for any modification, price change, suspension or discontinuance of any Product or Service.

7. OWNERSHIP OF WEBSITE AND ITS CONTENT The Website is owned and operated by Fulton Seafood Market, LLC. All of the information and content featured or displayed on the Website, including but not limited to keywords, specialty tags, text, illustrations, artwork, video, music, trademarks, logos, charts, graphs, illustrations, or articles are owned by or licensed to Fulton Seafood Market, LLC or its affiliates, business partners, or licensors. Fulton Seafood Market, LLC reserves the right to amend, change, alter, enhance, remove, or cease to provide access to the Website or its content at any time, without prior notice to any User.

8. FULTON SEAFOOD MARKET, LLC’S INTELLECTUAL PROPERTY Fulton Seafood Market, LLC owns any and all intellectual property rights arising out of, related to, or in any way connected with Fulton Seafood Market, LLC’s Website, Services and Products, all contents, materials, or resources related thereto, the Website’s and/or Service’s and/or Product’s content, trademarks, logos, slogans, or service marks, etc. (“Fulton Seafood Market, LLC Intellectual Property”). You cannot use the Fulton Seafood Market, LLC Intellectual Property without first obtaining Fulton Seafood Market, LLC’s express and specific written permission. Nothing on the Website shall be construed as granting a license or right to use the Fulton Seafood Market, LLC’s Intellectual Property without Our permission.

9. TRADEMARKS

SEAPORT DISTRICT NYC, STH/ST/SEAPRT/NYC, SEAPORT STUDIOS, S·E·A·P·O·R·T· S·T·U·D·I·O· SS, FULTON SOCIAL, PIER 17, PIER/PARTY, FULTON STALL MARKET, SEE/CHANGE, SOUTH STREET SEAPORT, STH/ST/SEAPRT/NYC, THE TIN BUILDING, HOWARD HUGHES, HOWARD HUGHES (Stylized), HOWARD HUGHES THE HOWARD HUGHES CORPORATION Signature Design, and THE HOWARD HUGHES CORPORATION, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. FULTON STALL MARKET, SEE/CHANGE, SOUTH STREET SEAPORT, STH/ST/SEAPRT/NYC (Stylized), THE TIN BUILDING, HOWARD HUGHES, HOWARD HUGHES (Stylized), HOWARD HUGHES THE HOWARD HUGHES CORPORATION Signature Design, and THE HOWARD HUGHES CORPORATION are registered trademarks, U.S. Patent and Trademark Office. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

10. YOUR LICENSE TO ACCESS AND USE THE WEBSITE AND SERVICES AND PRODUCTS:

Subject to Your acceptance of, and compliance with these Terms of Use and Incorporated Notices, as may be periodically amended, Fulton Seafood Market, LLC hereby grants You a non- exclusive, non-transferable limited license to access and make personal non-commercial use of the Website, the Services and Products and their contents. This license does not entitle You to any resale or commercial use of the Website, the Services or Products, or their contents; any derivative use of this Website, Services or Products or their contents; or any use of data mining, robots or similar data gathering and extraction tools, which are expressly forbidden for any purpose whatsoever. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create, derivative works from, transfer, or offer for sale any information contained on, or obtained from Website, the Services or Products or any portion thereof. Fulton Seafood Market, LLC will investigate and take appropriate legal action, including civil and criminal redress, for any misuse and fraudulent activity on the Website.

11. COMPLIANCE WITH LAWS

You agree to comply with all applicable laws regarding Your use of the Website, Services and Products. You further agree that information provided by You is truthful and accurate to the best of your knowledge.

12. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Fulton Seafood Market, LLC, its parents, subsidiaries, affiliates, partners, licensors and service providers, including their respective employees, agents, officers, directors, agents, licensors, contractors, affiliates, successors and assigns from and against any liability, loss, claim, and expense, including reasonable attorney’s fees, arising out of, related to or in any way connected to Your use of the Website, Services or Products or Your violation of this Agreement, including but not limited to (a) Your violation of these Terms of Use or Your use of the Website or the Website’s content or services other than as expressly authorized in these Terms of Use; (b) Your use of any information or other materials obtained from, submitted to, or transmitted through the Website; (c) Your access to or use of any Third-Party Resource; and (d) any dealings between You and any third parties relating to this Website.

13. DISCLAIMER OF WARRANTIES

You agree that Your access and use of the Website, Services or Products are solely at your own risk. The Website, Services and Products are provided by Fulton Seafood Market, LLC on an “as is” and “as available” basis. EXCEPT AS MAY BE OTHERWISE NOTED IN THESE TERMS, FULTON SEAFOOD MARKET, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIAL OR PARTICULAR PURPOSE, AND NON- INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. FULTON SEAFOOD MARKET, LLC DOES NOT MAKE ANY WARRANTY THAT ACCESS TO OR USE OF THE WEBSITE, OR THE SERVICES OR PRODUCTS OFFERED IN CONNECTION THEREWITH, WILL MEET YOUR REQUIREMENTS OR YOUR EXPECTATIONS. FULTON SEAFOOD MARKET, LLC DOES NOT

MAKE ANY WARRANTY THAT ACCESS TO OR USE OF THE WEBSITE OR SERVICES OR PRODUCTS WILL BE AVAILABLE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THA T THE WEBSITE OR SER VER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FULTON SEAFOOD MARKET, LLC MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USING THE WEBSITE, SERVICES OR PRODUCTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FULTON SEAFOOD MARKET, LLC SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE WEBSITE SHALL BE TO DISCONTINUE USING IT.

TO THE EXTENT THAT CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY. IT IS AGREED THAT THE DISCLAIMERS AND EXCLUSIONS SHALL APPLY TO FULLEST EXTENT PERMITTED BY LAW.

14. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL FULTON SEAFOOD MARKET, LLC, OR ITS PARENTS OR OTHER AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR YOUR USE OR MISUSE OF THE WEBSITE, SERVICES OR PRODUCTS PROVIDED IN CONNECTION THEREWITH. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE (EVEN IF FULTON SEAFOOD MARKET, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR SERVICES OR PRODUCTS PROVIDED IN CONNECTION THEREWITH, INCLUDING DAMAGES THAT MIGHT BE INCURRED BY THIRD PARTIES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

UNDER NO CIRCUMSTANCES SHALL FULTON SEAFOOD MARKET, LLC OR ITS PARENTS OR OTHER AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY ALLEGED INJURY, DAMAGES OR LOSS THAT IS ALLEGEDLY SUSTAINED DUE TO HACKING, THEFT, TAMPERING OR OTHER UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR THE INFORMATION CONTAINED IN THAT ACCOUNT OR IN REGARD TO YOUR RECEIPT OF SERVICES OR PRODUCTS.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion or limitations io certain damages. It is agreed that the Limitations of Liability shall apply to the fullest extent permitted by law.

15. EXCLUSIVE REMEDY

IT IS AGREED THAT, NOTWITHSTANDING THE FOREGOING, SHOULD ANY LIABILITY ON THE PART OF FULTON SEAFOOD MARKET, LLC BE PROVEN, IT WILL NEVERTHELESS BE IMPRACTICAL AND EXTREMELY DIFFICULT TO ANTICIPATE OR FIX THE AMOUNT OF DAMAGES THAT WERE PROXIMATELY CAUSED BY SUCH LIABILITY. THEREFORE, IT IS AGREED THAT IN NO EVENT MAY YOU RECOVER AN AMOUNT IN EXCESS OF THE AGGREGATE AMOUNTS PAID TO FULTON SEAFOOD MARKET, LLC BY YOU IN THE THREE MONTHS IMMEDIATELY PROCEEDING THE EVENT GIVING RISE TO THE CLAIM OR $100 IN THE EVENT THAT NO FEES WERE PAID, WHICH EVER IS GREATER, IN FULL AND COMPLETE SATISFACTION OF ANY AND ALL CLAIMS. IT IS AGREED THAT THE FOREGOING LIMITATION IS NOT INTENDED TO BE AND IS NOT A PENALTY.

16. INTENDED AUDIENCE

This Website is intended for adults only. This Website is not intended for any children under the age of 13.

17. USER COMMUNICATIONS

Unless otherwise protected by United States law, all communications sent by You to Us will be treated as non-confidential and non-proprietary. Please do not submit confidential or proprietary information to Us (including, but not limited to, any patentable ideas, new content suggestions or business proposals) unless We have mutually agreed otherwise in writing and in advance of You sending them. Any ideas, new content, or business proposals that We receive unsolicited will be treated as property owned by Fulton Seafood Market, LLC will not be returned to You.

18. THIRD-PARTY LINKS

The Website may contain links to third-party websites. Third-party links are provided for Your convenience and as a courtesy to You. Third-party websites are not owned, operated, or controlled by You may not use anyone else’s Member Account or Password at any time without the express permission and consent of the holder of that account or password. You may not use another member’s user name, at any time, with or without the consent of the User, so as to give the impression, express or implied, that You are that User. Fulton Seafood Market LLC cannot and will not be liable for any loss or damage arising from Your failure to comply with these obligations.

Fulton Seafood Market, LLC. You agree that Fulton Seafood Market, LLC is not responsible for the content or functionality contained on any such third-party website and that You waive any and all claims against Fulton Seafood Market, LLC as to any loss incurred as the result of Your access or use of such third-party website.

19. USER ACCESS AND WARRANTIES

You are prohibited from violating or attempting to violate the security of the Website or any Service or Product by (a) accessing information not intended for You or logging onto a server or an account which You are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any User, provider, host or network, including but not limited to, submitting any malware, virus, ransomware or other malicious code to the Website. overloading, “flooding,” “spamming,” “mail‐bombing” or “crashing” or other malicious or illegal act of any description. You shall not use any device, software, script or routine to interfere or attempt to interfere with the proper working of Website or any activity being conducted on the Website. You shall not use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website, other than through generally-available third-party web browsers (for example, Microsoft Edge, Firefox, Google Chrome, etc.)

As a User, You warrant and agree that You will not, under any circumstances, use or access the Website, Services or Products to obtain or make available any material (i) that is the protected by the intellectual property right of another, or is otherwise subject to third party proprietary, privacy or publicity rights, or which You are prohibited from disclosing because of Your contractual or fiduciary relationship with another; (ii) that is false, misleading, harmful, abusive, tortious, vulgar, unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or sexually or ethnically offensive, or that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, is otherwise inappropriate or cause harm of any type, to minors; or (iii) that facilitates hacking, malware, malicious code, ransomware or any computer virus or code, that is intended to destroy the functionality of any website, computer software, hardware or telecommunications equipment or to interfere with the performance or functionality of this Website or any other website. You further warrant and agree that You will not intentionally or unintentionally violate or aid others in the violation of any applicable local, state, national or international law or act in any manner that is offensive to the Fulton Seafood Market, LLC community or the spirit of these Terms of Use.

20. NO UNLAWFUL OR PROHIBITED USE

Fulton Seafood Market, LLC reserves the right to investigate and take such action as it deems necessary regarding any activity that it suspects is intended to violate the security of the Website, Services and Products. If, at Fulton Seafood Market, LLC’s sole discretion, it appears that You have violated the Terms of Use or acted in any way that interferes or is intended to interfere with the functioning of the Website, Service or Product, or another’s lawful access and use thereof, Fulton Seafood Market, LLC may take any action it deems appropriate to prevent further interference, including but not limited to immediate suspension and/or cancellation of Your access thereto. You may be civilly or criminally liable for such violations. Fulton Seafood Market, LLC will cooperate with law enforcement authorities in prosecuting any individual or entity involved in such violations.

If you access or use the Website, Services or Products in manner which Fulton Seafood Market, LLC deems, in its sole discretion to be unauthorized or in violation of these Terms of Use or community standards, you agree to pay all damages incurred by us or our affiliates, licensors, or providers, including any consequential damages, which result from Your conduct.

21. CONTENT CONTRIBUTED BY YOU OR OTHER USERS

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.

Fulton Seafood Market, LLC reserves the right to accept, reject, or remove any and all User Contributions at its sole discretion and for any reason or for no reason at all. You understand and agree that Our exclusive role in connection with User Contribution is solely as an Internet Service Provider and that We are not and will not be liable for any User Contribution or any Website content that is authored or submitted by anyone other than Fulton Seafood Market, LLC

Any User Contribution You post to the site will be considered non-confidential and non- proprietary. By providing any User Contribution on the Website, You grant Company and Our affiliates and service providers, and each of their and Our respective licensees, successors and assigns the unrestricted, irrevocable, perpetual, worldwide, royalty-free license, for all possible rights and all possible media now known or later developed to make, use, transfer, sell, modify, copy, distribute, transmit, sublicense, publicly display, perform, publish, and create derivative works of any User Contribution for any purpose, commercial or otherwise, without compensation to You. User Contributions shall not be subject to any obligation on Our part, including without limitation any obligation of confidentiality, and We shall not be liable for any use or disclosure (including publication in any medium) of any User Contribution.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.

• All of your User Contributions do and will comply with these Terms of Use. You understand and acknowledge that You are responsible for any User Contributions You submit or contribute, and You, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

The Company is not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by You or any other user of the Website.

You hereby agree to indemnify and hold harmless Fulton Seafood Market LLC from any and all claims of whatever nature that may arise from, in connection with, or be related to, Your User Contributions, including, but not limited to, any claim that You made an impermissible use of the User Contributions, did not have the necessary licenses, permissions or releases for Your User Contributions, or lacked the requisite authority to grant Fulton Seafood Market, LLC permission or license to use Your User Content as provided for above or that Your User Contributions violate, in whole or in part, Company’s Content Standard as set forth below.

22. CONTENT STANDARDS

These Content Standards apply to any and all User Contributions and use of Interactive Services. User Contributions must not include any material that Fulton Seafood Market, LLC deems, in its sole discretion:

• Fails to comply, in whole or in part, with all applicable federal, state, local and international laws and regulations;

• Contains any material that is objectionable to Fulton Seafood Market, LLC, such as, for example (but not exclusively) material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;

• Promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

• Infringes any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person or entity;

• Violates the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy;

• Is likely to or is intended to deceive any person;

• Promotes any illegal activity, or advocate, promote or assist any unlawful act.

• Causes annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;

• Impersonates any person, or misrepresents your identity or affiliation with any person or organization;

• Involves commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising that are not expressly approved and authorized by Fulton Seafood Market,, LLC; or

• Gives the impression that the material emanates from or are endorsed by Us or any other person or entity if this is not the case.

23. LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES

You may link to Our Website, provided You do so in a way that is fair and legal and does not damage Our reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval or endorsement on Our part.

This Website may provide certain social media features that enable You to:

• Link from Your own or certain third-party websites to certain content on this Website;

• Send e-mails or other communications with certain content, or links to certain content, on this Website;

• Cause limited portions of content on this Website to be displayed or appear to be displayed on Your own or certain third-party websites. You may use these features solely as they are provided by Us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by You; or

• Cause the Website or portions of it to be displayed on, or appear to be displayed by, for example, framing, deep linking or in-line linking, any other site.

We may disable all or any social media features and any links at any time without notice in Our discretion. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

24. CONSENT TO USE OF DATA

You agree that Fulton Seafood Market LLC may collect and use technical data and related information, including but not limited to technical information about Your device, system, geolocation, application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to You (if any). We may use this information, as long as it is in a form that does not personally identify You, to improve our products or to provide services or technologies to You.

For additional information regarding our privacy practices and how we handle Your personal data, including information that may personally identify You (including how we may use that information to provide You with information and marketing materials that we believe may be of interest to You), please click here to see our Privacy Notice.

25. GENERAL PROVISIONS

a) Relationship of the Parties. You and Fulton Seafood Market LLC are independent contractors. There is no partnership, agency or joint venture relationship between You and Us.

b) Location of Negotiations and Services. You agree that the Website, the Services, Products, and the marketing, sale or distribution of any and all Website and Services, and Products, including the negotiation and agreement of these Terms of Use, Incorporated Notices, and any other agreement between You and Fulton Seafood Market, LLC, shall be deemed to have occurred solely and exclusive within the County of New York, the State of New York, United State of America.

c) Choice of Law. You hereby agree that the Website, Services, Products, Terms of Use and Incorporated Notices shall be exclusively governed by and interpreted in accordance with the laws of the State of New York, United States of America, without regard to its conflict of law provisions.

d) Jurisdiction and Forum. You hereby agree that any dispute arising out of, relating to or in connection with the Website, Services, Products or Terms of Use or Incorporated Notices shall be subject to the sole and exclusive jurisdiction of the Federal or State courts located in the State of New York, County of New York and You hereby irrevocably consent to and submit to their jurisdiction to hear and determine any such dispute.

e) Limitation on Time to File Claims. Notwithstanding any law to the contrary, it is expressly agreed between You and Us that ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

f) International Use. Although this Website may be accessible worldwide, Fulton Seafood Market LLC makes no representation that the Website, Services and Products are appropriate or available for use in locations outside the United States. Those who choose to access this Website from other locations, do so on their own initiative and at their own risk. If You choose to access this Website from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including, but not limited to, the taxation of Products or Services purchased over the Internet.

g) Void Where Prohibited. Any offer for any product, service, and/or information made in connection with this Website is void where prohibited. h) Force Majeure. In addition to any excuse provided by applicable law, Fulton Seafood Market LLC shall be excused from liability for non-delivery or delay in access to the Website or delivery of Services or Products arising from any event beyond Our reasonable control, whether or not foreseeable by either party, including, but not limited to, labor disturbance, interruptions in supply chain, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, public health emergency (including but not limited to Covid-19) and other causes or events beyond Our reasonable control, whether or not similar to those which are enumerated hereinabove.

i) Specific Performance. You acknowledge that a breach of these Terms of Use or other agreement between You and Fulton Seafood Market LLC will cause irreparable injury and that money damages may be inadequate to remedy the injury to Fulton Seafood Market LLC . Therefore, in the event of a breach or threatened breach, Fulton Seafood Market LLC will be entitled to equitable relief, including injunctive relief and specific performance, without the posting of a bond or other security, and without proof of actual damages.

j) No Third-Party Rights. Nothing in these Terms of Use creates any right in any person not a party to the Terms of Use, and the Terms of Use shall not be construed in any respect to be a contract in whole or in part for the benefit of any third person. k) Severability of Provisions. If any provision of the Terms of Use, Incorporated Notices or other agreement between Us is determined to be invalid, illegal or unenforceable, the remaining provisions will remain in full force and effect to the extent that performance of the remaining terms is not rendered impossible.

l) Waiver. Failure to exercise, or any delay in exercising, any right or remedy provided under this or any agreement between You and Fulton Seafood Market LLC or by law shall not constitute a waiver of that or any other right remedy, nor shall it preclude or restrict any further exercise of that right or any other remedy in the future against You or any other individual or entity.

m) Notices. Notices by Fulton Seafood Market LLC to You may be given by means of general posting on the Website, or by conventional mail or email at the addresses that You provide to Us. It is Your responsibility to ensure that Fulton Seafood Market LLC continues to have up-to-date contact information for You.

Notices by You to Fulton Seafood Market LLC may be given by electronic messages, conventional mail, or telephone unless otherwise specified in these Terms of Use or any other agreement between You and Fulton Seafood Market LLC . Notices must be provided exclusively to Fulton Seafood Market LLC using the contact information as follows:

By Telephone 646-868-6000 By Email: privacy@tinbuilding.com

n) Binding Provisions. These Terms of Use and Incorporated Notices are binding and inure to the benefit of the parties and their respective heirs, executors, administrators, personal and legal representatives, affiliates, successors, and permitted assigns.

o) Assignment. You agree that You may not assign Your rights or obligations under the Terms of Use or any agreement between You and Fulton Seafood Market LLC without Our prior, written consent.

p) Headings. The descriptive headings of the sections and subsections of the Terms of Use are for convenience only and do not affect the interpretation or construction of the Terms of Use.

q) Complete Agreement. These Terms of Use, including the Incorporated Notices, constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersede all prior agreements and understandings of the parties with respect thereto. To the extent that anything stated in or associated with the Website, Services or Products is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

r) Merger. All prior and contemporaneous negotiations and agreements between You and Us concerning the Website, Services or Products are expressly merged into and superseded by these Terms of Use and may not be explained, supplemented, or qualified through evidence of trade usage or a prior course of dealings. You warrant that You have not relied upon any statement, representation, warranty, or agreement, except for those expressly contained in the Terms of Use.

s) Questions.

EMAIL privacy@tinbuilding.com

By US Mail Fulton Seafood Market LLC 96 South Street, NY, NY 10038

Attention: General Manager

Phone Number 646-868-6000

If you have any questions, comments, need technical support, or wish to discuss any aspect of the Website, please contact us at:

EMAIL privacy@tinbuilding.com

By US Mail Fulton Seafood Market LLC 96 South Street, NY, NY 10038

Attention: General Manager

Phone Number 646-868-6000

FULTON SEAFOOD MARKET, LLC ACCESSIBILITY STATEMENT

This Accessibility Statement is incorporated into the Terms of Use. All terms defined in the Terms of Use shall have the same meaning when used herein unless otherwise noted.

It is Fulton Seafood Market, LLC ’s goal that its Website, Services and Products be useful, aesthetically pleasing and reasonably accessible to the widest audience possible. Fulton Seafood Market, LLC has and will continue to invest in improving the accessibility of the Website, its Services and Products for all Users.

However, the Website, Services, Products, and their contents are dynamic, and technology is constantly evolving. It is impossible to ensure that unforeseen issues may not arise that may affect the ability of some individuals to access some or all Website, Services or Product content. If you are having any difficulty using the Website, please contact Us by phone or email directly so that we may reasonably accommodate your needs.

Via Telephone Via Email

Fulton Seafood Market LLC cannot and does not make any representation or warranty that User contributed content, third-party content or third-party websites to which We provide links will be accessible for Your purposes.

COPYRIGHT AND INTELLECTUAL PROPERTY NOTICE

This Copyright and Intellectual Property Notice is incorporated into the Terms of Use. All terms defined in the Terms of Use shall have the same meaning when used herein unless otherwise noted. It is the goal of Fulton Seafood Market, LLC to respect the copyright and intellectual property rights of others by complying with U. S. intellectual property laws. This Copyright and Intellectual Property Notice shall be governed by and interpreted under the intellectual property law of the Unites States of America, including, where applicable, the Digital Millennium Copyright Act. (“DMCA”).

You may wish to consult with legal counsel regarding any right or interest that You may have concerning copyright or other intellectual property rights that You may have or may have violated. Nothing here is intended to substitute for qualified legal advice.

If You believe Your work has been copied in a way that constitutes copyright infringement, or Your intellectual property rights have otherwise been violated, please provide “Notice” of Your claim containing the information described below. If we receive the required Notice, We will remove the allegedly infringing material or disable access to it on the Website. We will also make a good-faith effort to notify the person who posted the content that a claim of infringement has been made and that the person may file a counter-notification if that person chooses to do so.

If You believe that Your work has been improperly removed or taken down due to the claim of another User, You may file a “Counter-Notification” containing the information described below. If Fulton Seafood Market, LLC receives a Counter-Notice, We will make a good-faith effort to promptly provide a copy of the Counter-Notice to the person who filed the Notice at the address the person provided and thereafter follow the procedures provided in the DMCA.

Please provide Your “Notice” or “Counter-Notification” containing all of the following information to our Copyright Agent:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b) A description of the copyrighted work that you claim has been infringed or that You claim was wrongfully removed;

(c)A description of where the material that You claim infringing is/was located on the Website;

(d) Your address, telephone number, and e-mail address;

(e) A statement by You that You have a good faith belief that the dispute use is not authorized by the copyright owner, its agent, or the law, or that You are the copyright owner or have the authority to use the content in the manner in which it appeared on the Website; and

(f) A statement by You, made under penalty of perjurym that the above information is Your notice or Counter-Notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent for Notice of claims of copyright infringement on the Site is [name of agent for notice], who can be reached as follows:

Fulton Seafood Market, LLC will not adjudicate or decide any claim of infringement or defense thereto. You agree that Fulton Seafood Market, LLC will not be a party to any further dispute or lawsuit regarding the alleged infringement and that Fulton Seafood Market, LLC will not be liable to You or any other party for its acts in removing or replacing any Website content in response to a Notice or Counter-Notice.

Fulton Seafood Market, LLC’s WI-FI POLICY

This Wi-Fi Policy is incorporated into the Terms of Use. All terms defined in the Terms of Use shall have the same meaning when used herein unless otherwise noted.

Public wi-fi service (“Wi-Fi Service”) may be made available, free of charge, to our guest while visiting the Tin Building by Jean Georges. The Wi-Fi Service is offered as a courtesy and convenience. Your access and use of the Wi-Fi Service is governed by Fulton Seafood Market LLC ’s Terms of Use, Privacy Notice and all other Incorporated Notices. Please do not sign in, access or use the complimentary Wi-Fi Service, if you do not agree to be bound by the Terms of Use and Incorporated Notices.

Wi-Fi Service is provided solely for guests of the Tin Building, while on our premises. The Wi-fi Service is provided on an “as is” and “as available” basis. We may decide to end or limit Wi-Fi Service, on a temporary or permanent basis, at any time and without notice.

You understand and acknowledge that public Wi-Fi may enable the transmission of viruses or other harmful applications or permit unauthorized third parties to access your computer or files or otherwise monitor your connection. We do not and cannot guarantee that Your access and use of the Wi-Fi Service will be uninterrupted, error free or secure from interference, virus, malware or other harmful activity by third parties.

By signing in and accessing the Services, You acknowledge and agree that: o You are a guest of Fulton Seafood Market, LLC and a visitor to the Tin Building;

o You have provided accurate and up to date information when registering for and logging in to the Wi-Fi Services;

o You assume all risks associated with your activities conducted online though the Wi-Fi Service and assume all liability and damages incurred through or as a result of your use of the Wi-Fi Service;

o You will NOT use the Wi-Fi Service for any illegal or improper purpose or in manner that violates the Terms of Use, including but not limited to Community Standards, or that has or may harm or violate the rights of any other person or entity;

o You agree to indemnify, defend and hold harmless Fulton Seafood Market, LLC, its parents, subsidiaries, affiliates, partners, licensors and service providers, including their respective employees, agents, officers, directors, agents, licensors, contractors, affiliates, successors and assigns from and against any liability, loss, claim, and expense, including reasonable attorney’s fees, arising out of, related to or in any way connected to Your use of the Wi-Fi Service.

Your access to the Wi-Fi Service may be denied, blocked, suspended, or terminated at any time for any reason, including but not limited to, Your violation of the Terms of Use or any Incorporated Notice, or any use or activity by You which We, in our sole discretion, determine or suspect may be in violation of applicable local, state, and, or federal laws or regulations or community standards. By using the Wi-Fi Service, you grant Us the right to monitor your location when You log-in and use the Wi-Fi Service and to monitor and log any communication, including, without limitation, those deemed necessary to maintain the integrity of the network and for the purpose of providing advertisements, marketed and other materials that We believe may be of interest to You or relevant to Your experience while visiting the Tin Building or thereafter. To learn more about how We may collect and use personal information about you, please see our Privacy Notice. https://tinbuilding.com/page/privacy-policy

Access to WiFi Services is provided through a portal offered by service provider SocialSign.In. As a condition to accessing and using the Wi-Fi Service, SocialSign,In may require that You establish an account with SocialSign.In or offer You the opportunity to sign in using Your social media accounts. Please review SocialSign.In’s Terms of Use and Privacy Policy available at https://tinbuilding.com/page/privacy-policy link for further information regarding how they will use the personal information that You chose to share with them. We reserve the right to change or modify the Wi-Fi Service provider in the future and without notice.